NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
A.P. Sahi, President, Bharatkumar Pandya, Member
Rabindra Prasad Sah – Appellant
Versus
Apollo Multispeciality Hospital Ltd. – Respondent
| Table of Content |
|---|
| 1. bowel perforation during hysterectomy due to delayed diagnosis. (Para 1 , 12 , 16 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 2. procedural history and procedural orders upheld. (Para 2 , 3 , 4 , 5 , 6 , 8 , 9 , 10 , 11 , 13 , 14 , 15) |
| 3. doctors qualified; bowel injury known complication. (Para 17 , 18 , 30 , 34 , 35 , 36) |
| 4. post-operative pain normal; timely intervention after symptoms. (Para 31 , 32 , 33) |
| 5. mci findings binding; no negligence established. (Para 37 , 38 , 39 , 40) |
| 6. complaint dismissed; sympathy without liability. (Para 41 , 42 , 43) |
ORDER
JUSTICE A. P. SAHI, PRESIDENT
1. This is a complaint arising out of an allegation of medical negligence against the OP-2, Gynaecologist Dr. Poonam Banka and the assisting Dr. Bindu Kedia, OP-3, who conducted a hysterectomy (surgery for removal of the uterus) and Bilateral Oophorectomy at the OP-1 hospital on 01.07.2010. The complainant no. 1 is the husband and the complainants nos. 2 and 3 are their children, who have come up in this complaint claiming compensation against the OPs to the tune of Rs. 1,25,00,000/-.
2. The matter proceeded with the admission of the complaint on 09.10.2013 when the following order was pa
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